Central Information Commission
Mrs.B S Valsala Nair vs Kendriya Vidyalaya Sangathan on 20 February, 2014
CENTRAL INFORMATION COMMISSION
Room No.-307, 2nd Floor, B-Wing, August Kranti Bhawan
Bhikaji Cama Place, New Delhi-110066.
Website : cic.gov.in
Telephone No.: +91-11-26105682
File No.CIC/RM/A/2013/001194
Appellant: Ms. B.S. Valsala Nair, Trivandrum
Public Authority:
KVS, Kochi
Date of Hearing: 19.02.2014
Date of decision: 20.02.2014
Heard today, dated 19.02.2014 through video conferencing.
Appellant is present.
Public Authority is represented by Shri Ranvir Singh, Dy Commissioner/FAA and Shri
Johnson Mathew, Asstt Commissioner/PIO, KVS RO Kochi.
FACTS
Vide RTI dt 29.5.13, appellant had sought information on 60 points relating to enquiry conducted in KV Pattom in January 2013.
2. PIO/KV RO Ernakulam, vide letter dt 1.7.13, denied the information u/s 8(1)(h) of the RTI Act.
3. An appeal was filed on 6.7.13.
4. AA vide order dt 8.8.13 upheld the decision of the PIO.
5. Submissions made by the appellant and public authority were heard. Appellant submitted that a preliminary enquiry was conducted against the appellant by Shri Johnson Mathew and she was seeking details regarding the same, as no intimation has been given to her regarding the status of the enquiry report. FAA submitted that on the basis of various complaints received against the appellant, a three-member enquiry committee had been constituted under Shri Johnson Mathew and comprising two other Principals. The enquiry report was submitted to the Commissioner, KVS, on February 2, 2013 and they are not aware of any decision 1 taken on the matter so far. Since the matter is pending with the KVS HQ, they had denied the information sought u/s 8(1)(h) of the RTI Act.
DECISION
6. The Commission finds that based on the report submitted by the Dy Commissioner, KVS RO Ernakulam, the competent authority i.e. Commissioner, KVS, is required to take a decision, which may result in departmental proceedings. Moreover, as the file and all related documents are under submission to KVS HQ, the AA/PIO would have only limited information available with them. The Commission directs the PIO to go through the queries raised by the appellant and to provide point wise response. Wherever information is denied by availing provisions of Section 8(1)(h) of the RTI Act, a specific mention is to be made as to how the same would impede the process of investigation. Insofar as queries relating to outcome of the enquiry and decision is concerned, PIO is directed to transfer such queries to CPIO, office of Commissioner, KVS for providing a response. The above directions be complied with within three weeks from date of receipt of the order.
The appeal is disposed of.
Sd/-
(Rajiv Mathur) Central Information Commissioner Authenticated true copy forwarded to:
The Assistant Commissioner &CPIO Kendriya Vidyalaya Sangathan Regional Office, Ernakulam Kochi -682 020.
The Dy. Commissioner & First Appellate Authority Kendriya Vidyalaya Sangathan Regional Office, Ernakulam Kochi -682 020.
Mrs. B S Valsala Nair Principal, KVS, Sap Camp, Peroorkada, Thiruvananthapuram, Kerala -695 005.
(Raghubir Singh) 2 Deputy Registrar .02.2014 3